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LAW OF THE REPUBLIC OF MOLDOVA

of April 5, 2018 No. 29

About differentiation of public property

(as amended on 16-12-2021)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and sphere of regulation

(1) the Purpose of this law is strengthening of the legal base regarding differentiation of public property, providing the property right and effective use of public property of the state, public property of administrative and territorial units of the first and second levels, including the autonomous territorial entity Gagauzia (further - administrative and territorial units).

(2) This law regulates the legal regime applied concerning public property, power of the Government and bodies of the central and local public authority in the course of differentiation of property of public property.

(3) This law governs the relations between bodies of the central and local public authority in the course of differentiation on accessory of real estate of public property and does not affect the property rights acquired based on documents, the stipulated in Article 28 Laws on the inventory of real estate No. 1543/1998.

Article 2. Basic concepts

For the purposes of this law the following concepts are used:

bodies of the central branch public management - the bodies managing property of public property of the state in various areas, including in health sector, cultures and educations, the objects and the parcels of land of water or forest fund adjacent to land means of communication, and other parcels of land which can be mentioned in the decisions made for differentiation of real estate of public property;

property of the public sphere - property, by the nature or according to the law intended for public use or being of public interest and belonging to the state or administrative and territorial units;

property of the private sphere - the property which is not relating to the public sphere, but belonging to the state or administrative and territorial units;

property of local value - the property of public property of administrative and territorial units relating to the public sphere serving to the all-useful purposes at the local level;

property of national value - the property of public property of the state relating to the public sphere serving to the all-useful purposes at the national level;

property management - set of the functions which are carried out by the central or local body of the public power given authority on management of activities of the subjects who are under its supervision with implementation of the right of the direct order property;

economic maintaining by property - set of the functions which are carried out by the subject on ownership and use of the property reflected in its financial accounting;

the subject - the legal entity of public or private law;

differentiation of public property - process of differentiation of property of public property on accessory and on spheres;

differentiation on accessory - the procedure of establishment of the owner of property of public property as which the state or administrative and territorial unit can act;

differentiation on spheres - the procedure of reference to the public or private sphere of property of public property taking into account provisions of the legislation, public interest, the nature or purpose of property;

inventory count - the procedure of check and the documentary confirmation of availability of the property belonging on the property right and/or being under economic authority of the subject for date of its carrying out;

the deed of conveyance of the property right - the transaction by means of which the actual transfer of property from one person to another is made or comes transition of the property right from one type in another.

Article 3. Basic principles of process of differentiation of public property

Differentiation of public property is performed based on the following principles:

a) legality, transparency and integrity;

b) priority of public interest;

c) correlation of public concerns of the state and administrative and territorial units;

d) determination of accessory and structure of property.

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